MEMORANDUM OF DECISION.
Erich C. Waters appeals his conviction in District Court (Kittery) for operating a motor vehicle while having 0.10% or more by weight of alcohol in his blood. Waters argues that he was prejudiced by the State's failure to elect at trial whether it sought conviction based on evidence that he was operating a motor vehicle "[w]hile under the influence of intoxicating liquor,... or," alternatively,...
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